Legal Question in Credit and Debt Law in Michigan
what is a writ for garnishment (non-periodic)
I discovered that $635.00 had been deducted from my checking account Two days later I recieved from my bank a copy of a writ that was mailed to them. I do owe the money, and have been ill, missed almost an entire year of work. The question is ''how can they deduct the money without informing me? Also it is non-periodic, does that mean it is a one time deal, and I may continue payments? Thank you.
1 Answer from Attorneys
Re: what is a writ for garnishment (non-periodic)
Creditors do not need to notify you about a garnishment,--how effective would the procedure be if people got warned someone was about to take all their money?! :o))
However, you DO have defenses. You MUST get in and challenge the garnishment within the time period given on the writ, if you have a reason to protest the garnishment, the judge MAY force them to return some or all of your money. A non-periodic is a one-time deal,--but they can garnish you again if you still owe money. Once you get into court you can ask for a reasonable payment plan.
Also, if the money came from a non-garnishable source (i.e. social security), then they have to return it.
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